Children, Young Persons, and Their Families Amendment Bill (No 3)
Children, Young Persons, and Their Families Amendment Bill (No 3)
This Bill was created from the division of the Criminal Procedure (Reform and Modernisation) Bill. See the other Bills resulting from this division.
Children, Young Persons, and Their Families Amendment Bill (No 3)
Children, Young Persons, and Their Families Amendment Bill (No 3)
Government Bill
243—3C
As reported from the committee of the whole House
This bill was formerly part of the Criminal Procedure (Reform and Modernisation) Bill as reported from the Justice and Electoral Committee. The committee of the whole House has further amended the bill and divided it into the following bills:
the Criminal Procedure Bill comprising clauses 1 and 2, Parts 1 to 8, the Part 9 heading, clause 416, clause 417, clause 442, and Schedules 1, 1A, and 6
the Bail Amendment Bill (No 3) comprising clauses 401 to 407A, and Schedule 2
this bill comprising clauses 407B to 407D, and Schedule 3
the Corrections Amendment Bill comprising clauses 408 to 410A, and Schedule 3A
the Crimes Amendment Bill (No 5) comprising clauses 410B to 411B, and Schedule 3B
the Criminal Disclosure Amendment Bill comprising clauses 412 to 415B, and Schedule 3C
the Criminal Procedure (Mentally Impaired Persons) Amendment Bill comprising clauses 417A to 417C, and Schedule 4
the District Courts Amendment Bill (No 2) comprising clauses 418 to 420A, and Schedule 4A
the Evidence Amendment Bill comprising clauses 421 to 423A, and Schedule 4B
the Juries Amendment Bill comprising clauses 424 to 427A, and Schedule 4C
the Justices of the Peace Amendment Bill comprising clauses 427B to 428
the New Zealand Bill of Rights Amendment Bill comprising clauses 428B and 429
the Sentencing Amendment Bill (No 6) comprising clauses 430 to 433A, and Schedule 4D
the Summary Proceedings Amendment Bill (No 4) comprising clauses 434 to 437B, and Schedule 5
the Victims’ Rights Amendment Bill comprising clauses 438 to 441B, and Schedule 5A.
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Hon Simon Power
Children, Young Persons, and Their Families Amendment Bill (No 3)
Government Bill
243—3C
Contents
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407C Amendments to Children, Young Persons, and Their Families Act 1989
407D Application of amendments made by section 407C
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Schedule 3
Amendments to Children, Young Persons, and Their Families Act 1989
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The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Children, Young Persons, and Their Families Amendment Act (No 3) 2011.
2 Commencement
This Act comes into force on the day that is 2 years after the date on which this Act receives the Royal assent unless it is brought into force on an earlier date appointed by the Governor-General by Order in Council.
3 Principal Act amended
This Act amends the Children, Young Persons, and Their Families Act 1989.
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407C Amendments to Children, Young Persons, and Their Families Act 1989
The Children, Young Persons, and Their Families Act 1989 is amended in the manner set out in Schedule 3.
407D Application of amendments made by section 407C
The amendments made by section 407C apply in relation to a proceeding being dealt with in the Youth Court before section 407C came into force in accordance with the provisions of sections 389 and 391 to 393 of the Criminal Procedure (Reform and Modernisation) Act 2010.
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Schedule 3 |
s 407C |
Section 2
Definition of indictable offence in subsection (1): repeal.
Definition of purely indictable offence in subsection (1): repeal.
Definition of summary offence in subsection (1): repeal.
Subsection (2)(d): omit “information is laid”
and substitute “charging document is filed”
.
Subsection (3): omit “information is laid”
and substitute “charging document is filed”
.
Section 38(4)
Omit “summary”
.
Section 61(3)
Omit “summary”
.
Section 64(2)
Omit “summary”
.
Section 77(2)
Omit “summary”
.
Section 89
Omit “summary”
.
Section 156(3)
Omit “summary”
.
Section 157(4)
Omit “summary”
.
Section 175(2)
Omit “Subsections (1) to (3) and (5) of section 20 of the Summary Proceedings Act 1957 shall apply”
and substitute “Section 164 of the Criminal Procedure (Reform and Modernisation) Act 2010 applies”
.
Section 198(1)(a)
Omit “an information laid under the Summary Proceedings Act 1957”
and substitute “a charging document filed under the Criminal Procedure (Reform and Modernisation) Act 2010”
.
Section 199(5)
Omit “Sections 20, 38, and 39 of the Summary Proceedings Act 1957”
and substitute “Sections 164 and 166 to 170 of the Criminal Procedure (Reform and Modernisation) Act 2010”
.
Section 206(1)
Omit “summary”
.
Section 207D(1)(g)
Omit “information laid”
and substitute “charging document filed”
.
Section 207K(1)(f)
Omit “information laid”
and substitute “charging document filed”
.
Section 207Q(1)(d)
Omit “information laid”
and substitute “charging document filed”
.
Section 214(2)(a)
Omit “purely indictable offence”
and substitute “category 4 offence or category 3 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years”
.
Section 240(2)
Omit “section 31”
and substitute “section 30”
.
Section 245
Subsection (1): omit “no information in respect of that offence shall be laid”
and substitute “no charging document in respect of that offence may be filed”
.
Subsection (1)(a): omit “informant”
and substitute “person intending to commence the proceedings”
.
Subsection (1)(b)(i): repeal and substitute:
“(i) the person intending to commence the proceedings or another person acting on that person's behalf; and”.
Subsection (2): omit “informant”
in both places where it appears and substitute “person intending to commence the proceedings”
in each case.
Section 247(b)
Omit “intended informant”
and substitute “person intending to commence the proceedings”
.
Section 250(2)(b)(ii)
Omit “informant or intended informant in”
and substitute “prosecutor of, or the person intending to commence”
.
Section 251(1)(d) and (e)
Omit “informant or intended informant in”
and substitute in each case “prosecutor or the person intending to commence”
.
Section 263(1)(b)(i)
Omit “informant or intended informant in”
and substitute “prosecutor or the person intending to commence”
.
Omit “informant or intended informant”
and substitute “person”
.
Section 265(1)(d) and (e)
Omit “informant or intended informant in”
and substitute in each case “prosecutor or the person intending to commence”
.
Section 272
Subsection (1): omit “Summary Proceedings Act 1957”
and substitute “Criminal Procedure (Reform and Modernisation) Act 2010”
.
Subsection (1B)(b): omit “(as applied by section 272A)”
and substitute “or section 48 of the Criminal Procedure (Reform and Modernisation) Act 2010”
.
Subsection (2): repeal and substitute:
“(2) If a child of or over the age of 10 years is charged with murder or manslaughter, the provisions of this Act (other than sections 236, 238(1)(e), 239(2), 242(2), 276, 277, and 365(1)), and of any regulations made under this Act, apply accordingly as if that child were a young person.”
Subsection (2A): omit “Summary Proceedings Act 1957”
and substitute “Criminal Procedure (Reform and Modernisation) Act 2010”
.
Subsection (3): omit “irrespective of whether the offence is punishable on summary conviction or on indictment”
.
Subsection (4): repeal and substitute:
“(4) If a young person is charged with murder or manslaughter, section 275 applies.”
Subsection (5): omit “the information for that offence”
and substitute “that charge”
.
Section 272A
Subsection (1)(b): repeal and substitute:
“(b) sections 276(1)(a) and 277 do not extend or apply to the child as if the child were a young person; and”.
Subsection (1)(c): omit “an information charging the child with the offence even if it is a purely indictable offence”
and substitute “a charge even if the offence is a category 4 offence”
.
Subsection (2): repeal.
Subsection (3): repeal.
Subsection (4) to (6): repeal.
Sections 273 to 276
Repeal and substitute:
“273 Manner of dealing with offences (other than murder or manslaughter)
“(1) This section applies if a young person is charged with an offence other than murder or manslaughter.
“(2) A Youth Court must hear and determine the charge unless—
“(a) the offence is a category 3 or 4 offence and the young person elects trial by jury; or
“(b) the court discharges the charge under section 282; or
“(c) the charge is removed out of the Youth Court under section 277.
“(3) Subsection (2) is subject to section 272.
“Compare: 1974 No 72 s 34(1)
“274 Young person may elect trial by jury in certain cases
“(1) If a young person is charged with a category 3 or 4 offence, other than murder or manslaughter, the young person may elect to be tried by a jury for that offence.
“(2) The young person's election must be made and dealt with under section 48 of the Criminal Procedure (Reform and Modernisation) Act 2010, which applies with all necessary modifications.
“275 Manner of dealing with offence of murder or manslaughter, or where jury trial to be held
“(1) This section applies if a young person—
“(a) is charged with murder or manslaughter; or
“(b) is charged with a category 3 or 4 offence, other than murder or manslaughter, and elects to be tried by a jury; or
“(c) is to have a jury trial and be tried with a person with whom he or she is jointly charged, in accordance with section 277.
“(2) All applicable pre-trial processes must take place before a Youth Court, up to and including—
“(a) in the case of a charge relating to a category 3 offence or category 4 offence (other than murder or manslaughter), transferring to the trial court after an adjournment for trial callover in accordance with section 55(3)(b) of the Criminal Procedure (Reform and Modernisation) Act 2010; and
“(b) in the case of a charge of murder or manslaughter, transferring the proceeding to the High Court in accordance with section 32A(2) of the Criminal Procedure (Reform and Modernisation) Act 2010.
“(3) For the purposes of the pre-trial processes referred to in subsection (2),—
“(a) a Youth Court has all the powers of a District Court; and
“(b) the Youth Court must be presided over by a Youth Court Judge, or, in the absence of a Youth Court Judge, by a District Court Judge.
“(3A) In this section, applicable pre-trial processes include all applicable processes under subparts 1 to 3A of Part 3 of the Criminal Procedure (Reform and Modernisation) Act 2010, any other provisions of that Act referred to in subsection (3B); and those processes apply with the necessary modifications.
“(3B) For the purpose of subsection (3A), sections 58 to 60(1) and 60(2) to 63 and 122 of that Act (which relate to sentence indications) apply despite Schedule 1 of this Act.
“(4) This section is subject to section 276.
“Compare: 1974 No 72 s 34(2)(a), (b)
“276 Child or young person may forgo right to jury trial and elect to have proceedings determined by Youth Court
“(1) This section applies if—
“(a) a child aged 12 or 13 years charged with an offence specified in section 272(1)(b) or (c) elects trial by jury; or
“(b) a young person charged with a category 3 or 4 offence, other than murder or manslaughter, elects trial by jury.
“(2) The child or young person may, without leave of the court, withdraw that election at any time before the proceeding is transferred to the trial court after an adjournment for trial callover in accordance with section 55(3)(b) of the Criminal Procedure (Reform and Modernisation) Act 2010 and, if the child or young person does so, the proceedings continue in the Youth Court as if he or she had not made that election.
“(3) If the Youth Court proposes to adjourn the proceeding for trial callover, or the child or young person at any time before the proceeding is adjourned for trial callover indicates to the court that he or she wishes to plead guilty to the offence, the Youth Court must give that child or young person the opportunity of forgoing the right to trial by jury and of electing to have the charge heard and determined in a Youth Court by a Youth Court Judge.
“(4) If a young person elects to have the charge heard and determined in a Youth Court by a Youth Court Judge, the Youth Court has the jurisdiction to hear and determine the charge and otherwise deal with the young person in accordance with this Act.
“(5) If a child elects to have the charge heard and determined in a Youth Court by a Youth Court Judge, the Youth Court has the jurisdiction to hear and determine the charge and otherwise deal with the child in accordance with this Act as if he or she were a young person (but subject to section 272A(1)(a), (c), and (d)).”
Section 277
Repeal and substitute:
“277 Provisions applicable where child, young person, or adult jointly charged
“(1) If a child or young person is charged with any offence jointly with any other person or persons (whether 1 or more young persons, adults, or children), this section applies.
“(2) If a child is jointly charged with any other person or persons, and that child is not charged with murder or manslaughter or does not elect jury trial, that child must be tried in the Youth Court along with any co-defendants who are also not to have a jury trial.
“(3) If a child is jointly charged with any other person or persons, and that child is to have a jury trial, that child must be tried in the same court as any co-defendants who are also to have a jury trial.
“(4) Subsection (5) applies if a young person is jointly charged with any 1 or more of—
“(a) an adult who is to have a jury trial; or
“(b) another young person who is to have a jury trial; or
“(c) a child who is to have a jury trial.
“(5) Subject to subsections (2) and (3), the young person must be tried with the person or persons with whom he or she is jointly charged and who are to have a jury trial, and by the same court that is to try those persons unless the Youth Court, in the interests of justice, orders otherwise.
“(6) Subject to subsections (2) and (3), if an adult is jointly charged with 1 or more children or young persons, the following provisions apply:
“(a) if any of the co-defendants is to have a jury trial, the adult must be tried with that person in the same court; and
“(b) if none of the co-defendants is to have a jury trial, and the adult either does not or is not eligible to elect to be tried by a jury, the adult must be tried with the co-defendants in the Youth Court, unless the Youth Court, in the interests of justice, orders otherwise.
“(7) If none of subsections (2), (3), (5), and (6) applies, the persons charged must be tried in a Youth Court by a Youth Court Judge.
“(8) In any proceedings to which this section applies, the powers of any Youth Court Judge in respect of any defendant who is not a child or young person are limited to such powers as are exercisable by the Youth Court Judge as a District Court Judge elsewhere than in a Youth Court.
“(9) If any defendant, not being a child or young person, is convicted in a Youth Court,—
“(a) any sentence imposed or order made must be one that could have been imposed or made if that defendant had been convicted following a trial in a District Court; and
“(b) that defendant must for all purposes, including section 189 of the Criminal Procedure (Reform and Modernisation) Act 2010, be deemed to have been convicted in a District Court.
“(10) If an adult is tried with a child or young person in the Youth Court under subsection (6)(b) or (7), all applicable pre-trial processes under subparts 1 to 3B of Part 3 of the Criminal Procedure (Reform and Modernisation) Act 2010 apply in respect of the adult, with the necessary modifications, subject to the following exceptions and further provisions:
“(a) sections 58 to 60(1) and 60(2) to 63 and 122 of that Act (which relate to sentence indications) apply:
“(b) sections 64 to 67 and 106 of that Act apply.“(10) If an adult is tried with a child or young person in the Youth Court under subsection (6)(b) or (7), the following apply in respect of the adult, with the necessary modifications:
“(a) all applicable pre-trial processes under subparts 1 to 3 of Part 3 of the Criminal Procedure (Reform and Modernisation) Act 2010; and
“(b) sections 58 to 60(1), 60(2) to 63, and 122 of that Act (which relate to sentence indications).
“(11) This section is subject to sections 272A, 274, and 275.”
New section 277A
Insert after section 277:
“277A Place and level of trial court for jury trial
“(1) This section applies if a young person is to be tried by a jury.
“(2) If the offence with which the young person is charged is a category 4 offence, the trial must take place in the High Court at the place nearest to the Youth Court from which the proceedings are to be transferred.
“(3) If the offence with which the young person is charged is a category
2 or3 offence,—
“(a) the level of trial court is a District Court, unless an order is made under section 70 or 72 of the Criminal Procedure (Reform and Modernisation) Act 2010 that the trial be held in the High Court; and
“(b) the place of trial is, —
“(i) in the case of a District Court trial, the District Court nearest to the Youth Court that adjourned the proceeding for trial callover in accordance with section 55(3)(b) of the Criminal Procedure (Reform and Modernisation) Act 2010 that has jurisdiction to conduct jury trials; or
“(ii) in the case of a High Court trial, the High Court at the place nearest to the Youth Court that dealt with the pre-trial processes in accordance with section 275(2).
“(4) This section is subject to—
“(a) any order made under section 4A of the District Courts Act 1947 or section 157 of the Criminal Procedure (Reform and Modernisation) Act 2010; and
“(b) section 141(1) of the Criminal Procedure (Reform and Modernisation) Act 2010; and
“(c) any regulations made under section 383 of the Criminal Procedure (Reform and Modernisation) Act 2010 that prescribe a different place of trial.”
Section 278
Subsection (1): omit “an information is laid”
and substitute “a charging document is filed”
.
Subsection (3): omit “summary”
.
Section 279
Omit “information laid”
and substitute “charging document filed”
.
Omit “that information”
and substitute “the charge”
.
Section 280(2)
Omit “information laid”
and substitute “charging document filed”
.
Omit “information”
and substitute “charge”
.
Section 280A
Heading: omit “informant”
and substitute “person who commenced proceeding”
.
Subsection (2): omit “informant in”
and substitute “person who commenced”
.
Subsection (3): omit “an information laid”
and substitute “a charging document filed”
.
Subsection (3)(a): omit “information”
and substitute “charge”
.
Subsection (3)(b): omit “information”
and substitute “charge”
.
Subsection (4): omit “An informant”
and substitute “A person”
.
Subsection (5): omit “informant in”
and substitute “person who commenced”
.
Section 281A(a)
Omit “information”
and substitute “charge”
.
Section 282
Repeal and substitute:
“282 Power of court to discharge charge
“(1) If a charging document is filed charging a young person with an offence in category 1, 2, or 3, a Youth Court, after an inquiry into the circumstances of the case, may discharge the charge.
“(2) A charge discharged under subsection (1) is deemed never to have been filed.
“(3) If it is satisfied that the charge against the young person is proved, the court may make an order under any of the provisions of section 283(e) to (j)—
“(a) when it discharges the charge; or
“(b) at any earlier time after it completes the inquiry referred to in subsection (1).
“(4) The court must not exercise the power in subsection (3)(b) unless section 281(1) is complied with.”
Section 283
Paragraph (d): omit “summary hearing”
and substitute “trial”
.
Paragraph (g): omit “section 404 of the Crimes Act 1961”
and substitute “section 374 of the Criminal Procedure (Reform and Modernisation) Act 2010”
.
Paragraph (o): repeal and substitute:
“(o) exercise the powers conferred by one of the following subparagraphs:
“(i) the court may order that the young person be brought before a District Court for sentence or decision, and may enter a conviction before doing so; and the Sentencing Act 2002 applies accordingly if—
“(A) the young person is of or over the age of 15 years; or
“(B) the young person is of or over the age of 14 years and under the age of 15 years and the charge proved against him or her is a charge in respect of a category 4 offence or category 3 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years:
“(ii) the court may, in the case of a young person charged with a category 4 offence or an offence for which the maximum penalty available is or includes imprisonment for life and if the court considers that a sentence of imprisonment for life may be appropriate, order that the young person be brought before the High Court for sentence or decision and may enter a conviction before doing so; and the Sentencing Act 2002 applies accordingly if the young person is of or over the age of 14 years.”
Section 285(6)
Insert “or the High Court”
after “District Court”
.
Omit “purely indictable offence”
and substitute “category 4 offence or category 3 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years”
.
Section 291
Heading: insert “or High Court”
after “District Court”
.
Section 294
Omit “information”
and substitute “charge”
.
Section 321
Heading: repeal and substitute: “Application of Acts relating to bail, criminal disclosure, criminal procedure, and District Courts”
.
Subsection (3): repeal and substitute:
“(3) In any provisions so applied, District Court Judge, Judge, and judicial officer, for the purposes of this Act, mean a Youth Court Judge exercising jurisdiction in a Youth Court.”
Section 322
Omit “information”
and substitute “charge”
.
Section 329(1)(c)
Omit “informant”
and substitute “prosecutor”
.
Section 354
Subsection (1): omit “by way of case stated for the opinion of the High Court”
.
Subsection (2): omit “informant”
and substitute “prosecutor”
.
Subsection (2): omit “by way of case stated for the opinion of the High Court”
.
Section 355
Repeal and substitute:
“355 Application of Part 6 of Criminal Procedure (Reform and Modernisation) Act 2010
“(1) The provisions of Part 6 of the Criminal Procedure (Reform and Modernisation) Act 2010,—
“(a) so far as they relate to appeals against conviction and sentence, apply as far as applicable with the necessary modifications to every appeal under section 351 or section 352 or section 353 of this Act:
“(b) so far as they relate to appeals on questions of law only, apply as far as applicable with the necessary modifications to every appeal under section 354 of this Act.
“(2) Subsection (1) is subject to this Part.
“(3) In the application of the provisions of Part 6 of that Act, those provisions must be read as if—
“(a) references to a District Court were references to a Youth Court; and
“(b) the Registrar of the District Court of which the Youth Court in which the case was heard and determined is a division were the Registrar of that Youth Court; and
“(c) references to a District Court Judge or Justice or Justices or Community Magistrate or Community Magistrates were references to a Youth Court Judge exercising jurisdiction in a Youth Court.”
Section 360(3) and (4)
Repeal and substitute:
“(3) If an appeal is abandoned under the Criminal Procedure (Reform and Modernisation) Act 2010, the Registrar of the relevant appeal court must send a notice to that effect to the principal manager.”
Section 376(5)
Omit “subsection (4B) or (5A) of section 142 of the Criminal Justice Act 1985”
and substitute “section 180(2), 181(1) or 182(2) of the Criminal Procedure (Reform and Modernisation) Act 2010”
.
Section 385(3)
Omit “section 142A of the Criminal Justice Act 1985”
and substitute “section 34A of the Corrections Act 2004”
.
Section 438(5)
Omit “summary”
.
Section 439(2)
Repeal and substitute:
“(2) Despite subsection (1), on the application of either party, a rehearing of a charge may be granted under section 183A of the Criminal Procedure (Reform and Modernisation) Act 2010.
“(3) For the purposes of this section, section 183A of that Act must be treated as applying in relation to all offence categories.
“(4) If the proceedings should have been dealt with in a District Court or the High Court, the proceedings must be remitted to a District Court or the High Court, as the case may require, to be reheard in that Court.”
Section 440
Omit “information”
and substitute “charging document”
.
Section 445
Omit “Summary Proceedings Act 1957”
and substitute “Criminal Procedure (Reform and Modernisation) Act 2010”
.
Section 446(1) and (2)
Omit “summary”
.
Section 456A(1)(a), (1)(b), and (5)(b)
Insert “or the Criminal Procedure (Reform and Modernisation) Act 2010”
after “Summary Proceedings Act 1957”
in each place where it appears.
Schedule 1
Repeal and substitute:
Schedule 1
Provisions applied to Youth Courts and to proceedings in such courtss 321
1
The District Courts Act 1947, except that—
(a) where any provisions of this Act conflict with any of the provisions of the District Courts Act 1947, the provisions of this Act prevail:
(b) nothing in section 22 of the District Courts Act 1947 applies in respect of Youth Court Judges or the business of Youth Courts.
2
Section 10, 11B, Part 2, subparts 1 to 3A of Part 3, subparts 1 and 3 of Part 4, and subparts 1 and 2 of Part 5 of the Criminal Procedure (Reform and Modernisation) Act 2010, except that—
(a) charging documents against children or young persons must continue to be filed in District Courts even though they may be heard and determined in Youth Courts:
(b) unless a District Court Judge orders otherwise, charges that are within the jurisdiction of the Youth Court must be heard and determined in the Youth Court that is a division of the District Court in which the charging document is filed:
(c) section 32 of that Act does not apply:
(d) sections 33(4), 34, and 35A of that Act do not apply:
(e) section 51 of that Act does not apply:
(f) sections 52 to 55 of that Act apply to a proceeding only if, and to the extent that, a Youth Court Judge directs that those provisions apply:
(g) sections 58 to 60(1) and 60(2) to 63 and 122 of that Act (which relate to sentence indications) apply at the discretion of the Judge:
(h) sections 64 to 67 and 106 of that Act (which relate to issues in dispute) do not apply, except as provided in section 277(10) of this Act:
(i) section 107 of that Act does not apply:
(j) section 139 of that Act applies as if the proving of a charge were a conviction:
(k) section 120(1) of that Act does not apply, but section 120(2) of that Act applies only in respect of a defendant who pleads guilty to a charge of murder or manslaughter:
(l) sections 126 and 128 to 132B of that Act (which relate to a defendant who does not appear) do not apply:
(m) sections 141(2) and 141A of that Act do not apply:
(n) section 147(4) of that Act does not apply:
(o) section 183A of that Act applies to all offence categories as if the proving of a charge were a conviction:
(p) section 183B of that Act applies as if the proving of a charge were a conviction:
(q) section 189 of that Act does not apply.
3
Part 3 of the Bail Act 2000 except that—
(a) neither a Justice nor a Community Magistrate may exercise any of the powers conferred by section 33:
(b) the provisions of section 30 apply as if there were inserted in that section, as subsections (1A) and (1B), the following subsections:
“(1A) Despite anything in subsection (1), if the hearing is adjourned for the purpose of enabling a family group conference to be held under the provisions of the Children, Young Persons, and Their Families Act 1989, the defendant must be excused from attending at the time and place to which the hearing is adjourned if, before that time, the Youth Justice Co-ordinator convening that conference notifies the Court, in writing, that the proceedings of that family group conference will not be completed by that time.
“(1B) If, under subsection (1A), the defendant is excused from attending any hearing, and the Court adjourns that hearing, the Registrar must notify the defendant of the time and place to which the hearing is adjourned.”
4
The Criminal Disclosure Act 2008.
·····
Legislative history | |
|---|---|
| 29 September 2011 | Divided from Criminal Procedure (Reform and Modernisation) Bill (Bill 243–2) by committee of the whole House as Bill 243–3C |